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76 Ga. 16

Davis v. State

Supreme Court of Georgia

Decided November 17, 1885

Supreme Court of Georgia · decided 1885-11-17

<p>Where a burglary has been committed, and a short time thereafter some of the property which was in the house broken open before and at the time of the burglary, is found in the possession of the accused, if the possession of the property is not accounted for, this affords a presumption of. guilt.</p> <p>(a.) There was no error in the charge, and the verdict was sustained by the evidence.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1885-11-17

How this case has been cited

Cited by 5 later decisions — most recently November 1970

5 state decisions

101885189019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blandford, Justice.

¶1The plaintiff in error was indicted, tried and found guilty of the crime of burglary.

¶2The evidence in the case ful ly warrants the verdict of the jury. Certain exceptions are taken to the charge of the court, and specific assignments are made thereon. But a careful examination of the charge of the court fails to show any foundation for the exceptions. The charge is correct, as we understand the law. The whole charge and the part excepted to is free from any • exception. The whole of it is, as we understand it., that where a burglary has been committed, and a short time thereafter some of the property, which was in the house before and at the time of the burglary, is found in the possession of the accused, in such a case, if the possession of the property is not accounted for, this affords a presumption of guilt. This has been the law time out of mind. The decisions of the English courts,- from whom we derived our law, and of all the courts in this country, fully establish this principle. Besides, the confessions of the accused show that she was guilty.

¶3Judgment affirmed.

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